CILEx L6 Land Law (Registered & Unregistered)

Question 1

What is the difference between 'registered' and 'unregistered' land in England and Wales?

Accepted Answer

Registered land has title guaranteed by the state through the Land Registry register; unregistered land depends on the deduction of title through a chain of title documents

Answer

In registered land, title is evidenced by the register at HM Land Registry and guaranteed by the state. In unregistered land, title is proved by examining a chain of title documents (conveyances, abstracted title deeds) going back at least 15 years under s.44 LPA 1925.

Question 2

What is the significance of a 'class F charge' under the Matrimonial Homes Act / Family Law Act 1996?

Accepted Answer

It protects a non-owning spouse's or civil partner's right of occupation of the matrimonial home by registration as a notice (registered land) or land charge (unregistered land)

Answer

A Class F land charge (unregistered land) or a home rights notice (registered land) under the Family Law Act 1996 protects a spouse's or civil partner's right of occupation of the matrimonial home against a purchaser or mortgagee who would otherwise take free of it.

Question 3

What is the difference between 'void' and 'voidable' dispositions in the context of registered land fraud?

Accepted Answer

A void disposition confers no title even if registered; a voidable disposition may be set aside but is valid until set aside, and an innocent buyer for value acquires good title

Answer

A void disposition (e.g., a forged deed) confers no title even if the disponee registers. A voidable disposition (e.g., one procured by misrepresentation) is valid unless set aside; a bona fide purchaser for value who registers before the disposition is set aside acquires good title.

Question 4

What is the principle from Williams & Glyn's Bank v Boland [1981] regarding actual occupation?

Accepted Answer

A person in actual occupation with a beneficial interest under a trust has an overriding interest that binds a mortgagee who fails to inquire about their rights

Answer

In Boland [1981] AC 487, the House of Lords held that a wife in actual occupation had an overriding interest binding the bank (mortgagee), notwithstanding the bank's failure to inquire about her interest. This led to changes now codified in Sch.3 LRA 2002.

Question 5

What are 'title absolute', 'qualified title', 'possessory title', and 'good leasehold title' in registered land?

Accepted Answer

Four classes of registered title reflecting the quality of the evidence of ownership — absolute is the strongest guarantee, qualified is subject to an identified defect, possessory is for adverse possession or lost title deeds, and good leasehold is for leases where the freehold cannot be inspected

Answer

These are the classes of title in registered land: (1) absolute — full state guarantee, (2) qualified — guarantee subject to an identified excepted right, (3) possessory — no guarantee against prior third party rights, (4) good leasehold — guarantee of the lease but not the superior title. Most registrations are absolute freehold or absolute leasehold.

CILEx Level 6 Practice Test

CILEx Level 6 Practice Test

CILEx L6 Land Law (Registered & Unregistered)